filing for child during ROC

[ntcb 1]

Is it possible to file for a child (who lives outside the US) when doing ROC

[aleful 1,905]

hi

yes, the wait is over a year, so or you get your 10 year GC or the petition is voided if you are deported

there is no harm in filing the I130

[newacct 688]

Your spouse is a USC, right? If you and your spouse married before your child was 18, it would be faster if your spouse petitioned your child instead of you.

[ntcb 1]

Yes spouse is a USC... Need to figure out, how to go about doing it. Thanks

[NikLR 13,227]

Follow the same method as the CR1. There is just less paperwork.

[newacct 688]

Yes spouse is a USC... Need to figure out, how to go about doing it. Thanks

Yes, so assuming you guys married when the child was under 18, the USC should petition the child, because the child (which I assume is under 21) would be in the Immediate Relative category, with no wait for visa numbers. On the other hand, if you petitioned your child, it would be in the F2A category, with a 1-2 year wait for visa numbers.

Your spouse would just file an I-130 petition just like they did for you (except the supporting documents needed for the I-130 will be a little different), and the child will go through consular processing in the home country to get an immigrant visa.